2007 ORS 179.610¹
Definitions for ORS 179.610 to 179.770

As used in ORS 179.610 (Definitions for ORS 179.610 to 179.770) to 179.770 (Rules), unless the context requires otherwise:

(1) "Agency" means either the Department of Human Services for a person in a state institution described in ORS 179.321 (Responsibility to supervise state institutions) (1) or the Department of Corrections for a person in a Department of Corrections institution as defined in ORS 421.005 (Definitions).

(2) "Authorized representative" means an individual or entity appointed under authority of ORS chapter 125, as guardian or conservator of a person, who has the ability to control the person’s finances, and any other individual or entity holding funds or receiving benefits or income on behalf of any person.

(3) "Care" means all services rendered by the state institutions as described in ORS 179.321 (Responsibility to supervise state institutions) or by the Department of Human Services or the Department of Corrections on behalf of those institutions. These services include, but are not limited to, such items as medical care, room, board, administrative costs and other costs not otherwise excluded by law.

(4) "Decedent’s estate" has the meaning given "estate" in ORS 111.005 (Definitions for probate law) (15).

(5) "Person," "person in a state institution" or "person at a state institution," or any similar phrase, means an individual who is or has been at a state institution described in ORS 179.321 (Responsibility to supervise state institutions).

(6) "Personal estate" means all income and benefits as well as all assets, including all personal and real property of a living person, and includes assets held by the person’s authorized representative and all other assets held by any other individual or entity holding funds or receiving benefits or income on behalf of any person. [Subsections (1) and (2) enacted as 1959 c.652 §1; subsection (3) enacted as 1959 c.652 §3 (2); 1969 c.597 §43; 1971 c.411 §2; 1973 c.546 §1; 1973 c.806 §1; 1977 c.384 §4; 1989 c.348 §1; 1995 c.664 §89; 2001 c.487 §1; 2003 c.14 §77]

Notes of Decisions

Parents were not denied equal protec­tion by require­ment that they pay support pursuant to ORS 419.513 for child placed in foster care, for foster home is not "state institu­tion" for purposes of these sec­tions. State ex rel Juvenile Depart­ment v. Rankin, 30 Or App 239, 566 P2d 1209 (1977)

Atty. Gen. Opinions

Status of a responsible relative of a needy recipient when the responsible relative is also subject to pay­ment of support for an­oth­er relative in a state institu­tion, (1973) Vol 36, p 608; release of patient's confidential case records, (1974) Vol 36, p 1080; authority of Depart­ment of Revenue for access to confidential medical in­for­ma­­tion to apply on behalf of patient under care of Mental Health Division for medical benefits, (1974) Vol 37, p 269; Mental Health Division billing for prisoner-patients transferred from correc­tional institu­tions to state institu­tions for mentally ill for cost of care and treat­ment, (1981) Vol 41, p 365

1 Legislative Counsel Committee, CHAPTER 179—Administration of State Institutions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­179.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 179, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­179ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.